Koenig, “Transition from Time of Decision to Time of Application” (2010)

April 6th, 2014 | Posted by admin in Articles and Decisions


Municipal agencies are about to face a significant change in the law.  The comment, and within article, is prompted by the adoption of the P.L. 2010, c. 9, which amends the Municipal Land Use Law to establish N.J.S.A 40:55D-10.5, effective May 5, 2011.  The Act provides:

Notwithstanding any provision of law to the contrary, those development regulations which are in effect on the date of submission of an application for development shall govern the review of that application for development and any decision made with regard to that application for development.  Any provisions of an ordinance, except for those relating to health and public safety, that are adopted subsequent to the date of submission of an application for development, shall not be applicable to that application for development.

For the full article click here: New Jersey Municipalities magazine, Nov-2010


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